LB 

252"? 

School Code 



Questionnaire 



(Authorized by the 
STATE BOARD OF EDUCATION 

Issued by the 

DELAWARE STATE PROGRAM 

Clearing House 

Church Building, Wilmington 



s 



chool Code 
Questionnaire 



Questions Regarding the 
New School Code An- 
swered Plainly for the 
Information of All School 
Patrons and the Citizens 
and Taxpayers of the 
State of Delaware. J> 






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TStrn ^uHpv iuwu aJ^«M<.*»^ "Wha^ . jJJXi^^^Xrn 



January, 1920 






*. of £>„ 

APR 2 J 






CHAPTER INDEX 

v>-5 



Page 

Inception of School Code 3 

The "New" School Code 8 

State Board of Education 16 

State Commissioner of Education 25 

County Boards and Superintendents 27 

Special School Districts 32 

Local School Districts and Commissi oners' 34 

Colored Schools 41 

Teachers — Certificates and Salaries , . . 42 

Importation of Dependent Children 45 

School Attendance 47 

Finances 49 

Compilation of 1919-1920 School Budgets 54 



NOTES 

Marginal numbers, thus, "85," refer to Sections of School Code 
of corresponding number. 

Marginal numbers, thus, "O. L. 22," refer to corresponding sec- 
tions of old school laws, found in Chapter 71, Revised Code of 
Delaware, 1915. 



INCEPTION OF THE SCHOOL 

CODE 

What is a Code, when spoken of in connection with laws? 

A Code is a systematic collection of laws, such as the 
"Revised Code of Delaware, 1915," which is a compilation of 
all State laws up to and including that year. It is also a 
compilation of laws relating to one subject, as the Civil Code, 
a compilation of civil laws ; the Criminal Code is a compila- 
tion of criminal laws, and the School Code is a compilation of 
school laws. 

How did the School Code come to be written? 

The Delaware General Assembly of 1917 created a Public 
School Commission, and directed it, among other things, to 
"harmonize, unify and revise the school laws" and report its 
conclusions to the General Assembly of 1919."* 

Was this Commission authorized and directed to do anything 
else? 

Yes. It was authorized and directed to make a study of the 
public school system of Delaware, to study the expenditure 
of school funds, to develop an educational system suited to 
the conditions existing in the State, and to provide for an 
improved and efficient administration of all free school mat- 
ters and the training of a competent teaching force.* 

Why did the old school laws need revision and codification? 

Because they had been enacted piecemeal, as emergencies 
arose, covering a very great period of years. As a result 
they were contradictory in many instances ; they were with- 
out cohesion or unity; they did not provide for a school 
system, but, rather, for an aggregation of school authorities, 
created at widely separated periods, under widely varying 
conditions and assigned duties wholly without regard to 
existing school authorities or the upbuilding of a harmoni- 
ous school system. 



*Laws of Delaware, 96th General Assembly, 1917; Chapter 186. 

3 



Is the nezv School Code longer than the collection of old school 
laws? 

It is not. The new School Code, embracing as it does all 
the laws of Delaware upon the subject of public schools, is 
contained in a pamphlet of 93 pages. The old laws, printed 
by the Smyrna Times in 1913 in a pamphlet of same size 
pages and type, required 128 pages, or 35 more pages than 
the new Code. 

Was there any secrecy connected with the writing of the new 
School Code and its introduction into the General Assembly 
of 1919? 

There was not. The General Assembly of 1917 ordered the 
work done and reported to the 1919 General Assembly, and 
every one familiar with the Acts of 1917 knew such a report 
was being prepared and would be presented to the 1919 Gen- 
eral Assembly. 

Was the new School Code "rushed through" the last General 
Assembly? 

It was not. It was formally presented by the five members 
of the Public School Commission in person to the joint edu- 
cational committees of the Senate and House, and was intro- 
duced in the respective bodies by the chairmen of those com- 
mittees on February 11, 1919. Mr. James W. Robertson 
introduced it in the Senate, and Mr. Silas J. Warrington 
introduced it in the House. It was not enacted until March 
26 — six weeks later. In other words, the School Code was 
before the General Assembly and the public for six weeks. 

Was the Code as first presented to the General Assembly a. "skel- 
eton" or incomplete bill, which was intended to provoke discus- 
sion, but not intended for enactment? 

No. The Code as presented on February 11 was complete. 
It made 202 pages in type of the style used in printing bills 
for consideration of the General Assembly. With the excep- 
tion of amendments made by the General Assembly during 
the six weeks of consideration of the bill, the Code as first 
presented to the General Assembly was the same as it now 
exists in law. 

Was there free and open discussion of the Code before it was 
enacted? 

There was. No bill ever presented for consideration of a 

4 



Delaware General Assembly had as much public discussion 
prior to its enactment as did the School Code. Four days 
after its introduction Governor Townsend, in a public proc- 
lamation, officially designated the week of February 16 as 
"Educational Week" in Delaware. He called upon civic 
organizations, churches, the public press and citizens gen- 
erally to study the proposed Code, openly and frankly dis- 
cuss it and advise their representatives in the General 
Assembly of their opinion of the proposed Code. During 
"Educational Week" and the weeks following, nearly fifty 
public meetings were held in the State of Delaware for the 
express purpose of discussing the proposed Code. Among 
the places at which such meetings were held were : Middle- 
town, Hartly, Viola, Lewes, Delmar, Kenton, Little Creek, 
Greenwood, Stanton, New Castle, Marshallton, Leipsic, 
Seaford, Frankford, Felton, Harrington, North Seaford, 
Bridgeville, Centerville', Odessa, Fairview, Newport, New- 
ark, Delaware City, Wyoming, Thompsonville, Milton, 
Ellendale, Houston, Black Swamp, Dover, Claymont, Hoc- 
kessin, Cheswold, Rehoboth, Union School House (Sussex 
County), Alexis I. duPont Schoolhouse (New Castle 
County), Selbyville, Frederica, Georgetown, Millsboro, Oak 
Grove, Columbia Schoolhouse (Sussex County) and Wal- 
nut Green. Among those who attended and spoke at one or 
more of the meetings were: President Samuel C. Mitchell 
and Dean Robinson, of Delaware College ; State Superin- 
tendent A. R. Spaid, Prof. John Shilling (then superinten- 
dent of Kent County school), Superintendent E. J. Har- 
desty, of Sussex County schools ; Superintendent Wilbur 
Jump, of New Castle County schools; John B. Hutton, 
Ralph E. Smith, Miss M. E. Rich, Theodore T. Martin, 
Jeanette Eckman, Robt. Houston, Omar E. Jones, W. A. 
Wilkinson', Horace Dilworth, Prof. C. W. Schantz, Dr. W. 
F. Hoey, Dr. T. R. Brown, Emory Chipman, Miss Mary 
Hutchins, Daniel O. Hastings, J. Hall Anderson, Caleb E. 
Burchenal, G. L. Medill, R. J. Bausman, Gertrude Blod- 
gett and Miss Comstock. 

At any of the public meetings at which the proposed Code was 
discussed, was any action taken adverse to the enactment of 
the Code? 

No. To the contrary, many of the public meetings, either 
by vote or passage of resolutions, or both, went on record 
in favor of the enactment of the proposed Code. In many 
places petitions were circulated and signed favoring the 
Code, which petitions were forwarded to their Senators 
and Representatives in the General Assembly. 



Was there any discussion of the Code in the General Assembly 
prior to its enactment? 

Yes. The Code was under discussion, formally and infor- 
mally, almost continuously from the date of its introduction 
to the date of its enactment. There was a conference of 
several members of the Senate on February 25, a month 
before the Code was enacted into law, at which it was thor- 
oughly discussed. A public hearing on the Code was held 
March 5 before a joint meeting of the Senate and House. 
During the week of March 10 the proposed Code was gone 
over section by section, paragraph by paragraph, sentence 
by sentence, in a series of joint meetings of the Senate and 
House education committees. Other members of the Gen- 
eral Assembly attended these meetings. Also, in conference 
with the members at these meetings were Caleb E. Burch- 
enal, Wilmington, Chairman of the School Commission 
which presented the Code to the General Assembly ; John B. 
Hutton, Dover, attorney for the School Commission, and 
Daniel J. Layton, Georgetown, and Henry Ridgely, Dover, 
attorneys for members of the General Assembly. It was 
at these meetings that the Code, as originally introduced, 
was largely amended with a view of securing its passage. 

What was the decision of the Senate and House joint com- 
mittees f 

They reported the Code favorably for passage on March 20. 

Was it passed ? 

Not at first. It came to a vote in the Senate March 24. 
Because of a corporate clause in the original draft of the 
Code, which had not been changed, it required a two-thirds 
vote of the Senate to pass the Code. It failed to get a two- 
thirds vote. The Code was then put in the hands of attor- 
neys to amend the corporate clause so that it required only 
a majority vote of the Senate. When this was done, it was 
moved to reconsider the action of the Senate. The motion 
was carried and the Code, as amended, was passed by the 
Senate and later by the House. 

What was the record vote which enacted the School Code? 

Senate — For School Code: James F. Allee, Jr. (Rep.), 
Dover; Edward B. Brown (Rep.), Seaford; Thomas 
F. Gormley (Dem.), Wilmington; Wallace Handy 
(Rep.), Milford; I. Layfield Long (Rep.), Selby- 
ville; Frank R. Pool (Rep.), McDonough; Lewis M. 



Price (Dem.), Smyrna; James W. Robertson (Rep.), 
Wilmington; John M. Walker (Rep.), Hockessin. 
Total 9. 

Against the School Code: Asa Bennett (Rep.), 
Frankford; Robert Hollett (Dem.), Clayton; John 
E. Latta (Dem.), Townsend; Charles D. Murphy 
(Dem,), Harrington; J. C. Palmer (Rep.), Milton; 
John F. Richards (Rep.), Newark; I. D. Short (Rep.), 
Milford; George Webster (Rep.), Wilmington, Rural 
Route No 1. Totals. 

House — For School Code: William C. Brooks (Rep.), 
Glasgow; John T. Buckson (Rep.), Dover; Alex- 
ander P. Corbit (Rep.), Odessa; Wm. H. Danzen- 
baker (Rep.), Claymont; William Dean (Rep.), 
Newark; Theodore W. Francis (Rep.), Wilmington; 
Willard S. Gregg (Rep.), Wilmington, Rural Route 
No. 1; Harvey W. Hastings (Dem.), Laurel; Wal- 
ter E. Hart (Dem.), Townsend; William H. Jakes 
(Rep.), Wyoming; Clarence E. Jester (Rep.), Mil- 
ford; A. Francis Klair (Rep.), Marshallton; Ed- 
ward Lester, Jr. (Rep.), St. Georges; William Lyons, 
Jr. (Rep.) Wilmington; John E. McNabb (Dem.), 
Wilmington; Andrew A. Mulrine (Dem.), Wilming- 
ton; John J. Mulvena (Dem.), Wilmington; Joseph 
Quigley (Dem.), New Castle. Total 18. 

Against School Code: Harry E. Clendaniel (Rep.), 
Lincoln City; James C. Hardesty (Dem.), Harring- 
ton; Benjamin F. Jones (Rep.), Millsboro; James F. 
Lloyd (Rep.), Blades; Garrett D. Paradee (Dem.), 
Dover, R. F. D. ; James M. Sherwood (Dem.), Wyo- 
ming R. F. D.; John W. Smith (Dem.), Cheswold; 
Hiram S. Smith (Rep.), Georgetown; Jacob L. 
Soper (Dem.), Magnolia; Jefferson A. Staats 
(Dem.), Townsend; J. D. Warrington (Rep.), Mills- 
boro R. F. D. Total 11. 

Not voting: Elijah W. Bunting (Rep.), Selby- 
ville R. F. D.; Charles Hanratty (Rep.), Clayton 
R. F. D. ; Thomas Jackson Snow (Rep.), Smyrna 
R. F. D. ; Joseph B. Lord (Rep.), Seaford; Charles 
W. Parker (Rep.), Greenwood; Silas J. Warring- 
ton (Rep.), Harbeson. Total 6. 

Vote by Counties: 

New Castle County — For Code, 18; against Code, 4. 
Kent County — For Code, 6; against Code, 7; not 

voting, 2. 
Sussex County — For Code, 3 ; against Code, 7 ; not 
voting, 5. 

7 



NEW SCHOOL CODE 

What are the fundamental differences between the old school 
laws and the new School Code? 

(a) The new School Code places more power in the hands 
of the people. 

(b) It welds the administrative functions of the public 
schools of Delaware into one co-operative, harmonious 
organization in which there is no -duplication of author- 
ity or effort, and no school district, official or authority 
acting without regard to and independent of the rest 
of the public school system of the State. 

(c) It establishes a uniform standard for all schools which 
guarantees the poorest and the most remote district in 
the State as good schools as the best. 

(d) It equalizes the tax burdens in each county so that 
those most able to pay, pay the most. The tax rate for 
all local districts (outside special districts) in each 
county is the same. The surplus from wealthy dis- 
tricts is used to improve the schools in less wealthy dis- 
tricts in the same county, thereby giving all districts in 
a county the same high standard of public schools. 

How does the new School Code place more power in the hands 
of the people? 

Under the old school laws, the Governor appointed the 
County School Commissions. The people had no voice 
whatever in their selection, and the County School Com- 
missions were responsible in no way to the people of their 

60 respective counties. Under the new School Code, the peo- 
ple of each county (living outside special districts) elect the 
County School Boards and the County Boards are, there- 
fore, answerable to the people. Under the old school laws, 
the Governor also appointed the County Superintendents. 
These superintendents were responsible neither to the peo- 
ple of their respective counties nor to the County School 

89 Commissions. Under the new School Code, the County 
Superintendent is appointed by the County Board (elected 
by the people), and works in co-operation with the County 
Board and as its executive officer. 

How many separate school authorities or boards did the Gover- 
nor appoint under the old school laws? 

8 



Four. The State Board of Education, the State Commis- 
sioner of Education, the County School Commissions and 
the County Superintendents. 

Hew many may he appoint under the new School Code? 
One. The State Board of Education. 

How many school authorities or boards do the people vote for 
under the new Code? 

60 Three. The local school district trustees or committeemen, 
115 the special school district boards and the County Board of 
158 Education. 

When do they vote for these officials? 

60 School elections are held the third Saturday in June, 1920, 
115 and every year thereafter. 

How many school officials are elected next June? 

60 Three members of each County Board of Education; three 
115 members of each Special District Board and three members 
158 of each local district Board of Trustees. 

How long will these members serve? 

60 On each board the one receiving the highest number of 
115 popular votes at the election will serve three years; the next 
158 highest two years and the third highest one year. 

How are their successors selected? 

60 By popular vote at elections held the third Saturday in 
115 June of each year. 
158 

Who votes at these elections? 

60 All qualified male voters and all women who have paid 
115 taxes within a year of the election. 
158 

Who may run for these offices? 

60 Any resident of the school district or special district or 
115 county wherein the election is held. Candidates for County 
158 Boards of Education must live outside of any Special 
District. 



Can any one run? 

115 Any resident of a Special District or local school district 
158 may be a candidate for election to the school board of that 
60 district. Any resident of a county, living outside a Special 
District, may be a candidate for election to the County 
Board of Education, provided he gets not less than twenty- 
five qualified voters of the county to sign a petition to place 
his name on the ticket. 

In what other manner does the new Code give the people more 
voice in their school affairs than they had under the old school 
laws? 

In nowise did the old school laws make it the duty of any 
school authority or officials to consult with the people re- 
garding their schools. Nowhere in the old school laws was 
there any provision for taking the people and taxpayers into 
the confidence of the school authorities or for keeping the 
people informed regarding the schools. 

7 On the other hand, the new School Code provides that the 
69 State Board of Education, the County Boards of Education 
123 and the Boards of Education of the Special Districts "shall 
consult and advise" with the citizens of the State, and of the 
respective counties and districts regarding the public schools. 
The old school laws provided for only one kind of a report 
of school affairs being made to the people. That was the 
report which the local school committee made at the annual 
school meeting each June. This report covered only a 
financial report of the previous year — too late to do any 
good', or for reception of any suggestions. It was made 
verbally only to the few voters who happened to be present, 
which records show seldom to have been more than ten and 
often only four or five. 

87 The new School Code makes it compulsory for County 
Boards of Education to publish an annual report "in suffi- 
cient quantities for distribution among the citizens of the 
county." It provides that this report be "addressed to the 
people of the county, covering the condition, current accom- 
plishments and needs for the improvement of the schools, 
also a statement of the business and financial transactions 
of the board." 

135 The new School Code makes it compulsory for each Board 
of Education of each special district to publish a similar 
report covering the school affairs of their district and dis- 
tribute it among the citizens of their district. 

28 The new School Code makes it compulsory for the State 

• 10 



Board of Education to publish "in sufficient quantities for 
general distribution" an annual report "covering all opera- 
tions of the State Department of Education and support, 
condition, progress and needs of education throughout the 
State." 

83 Finally and most important, the new School Code provides 
for school budgets in the several districts and counties, 
131 which make public in advance of each school year the 
amount of money it is proposed to spend during the com- 
ing year and for what purpose it is to be spent. 

Was unity, harmony and co-operation among the several school 
authorities compulsory under the old school laws? 

No. They were neither compulsory nor possible. There 
were five school authorities, other than teachers. The State 
Board of Education, State Commissioner, County Commis- 
sioners, County Superintendents and School District Com- 
mitteemen. All, except the last named, were appointed by 
the Governor, were not responsible to any other authority 
and could not be removed. The old laws gave to none of 
the school authorities appointed by the Governor any power 
to enforce their rules or policies. The old laws compelled 
none of the authorities to work in harmony with or co- 
operate with the other school authorities. 

Could the State Board of Education enforce its policies under 
the old school laws? 

It could not. It could establish regulations for government 
of the public school system, it could fix standards as to 
courses and qualifications of teachers, but it could not put 
any of these rules and policies into effect. For example, 
the old school law creating the office of County Superin- 
o.l. tendent and defining his duties, said he should execute "all 

26 such reasonable orders as the State Board of Education 
shall give him," but left it up to the Superintendent to de- 
cide whether they were "reasonable" or not. Again: the 

o.l. old laws gave the State Board of Education authority "to 

27 determine when and upon what conditions and under what 
restrictions the County Superintendents shall issue certifi- 
cates to teachers," but it also gave each County Superin- 
tendent power "in his discretion" to issue certificates to 
teachers without requiring them to take any examination. 
Many like examples could be cited.* 



f See Chapter III, "Public Education in Delaware." 

11 



Does the new School Code correct this? 

6 It does. It provides that the State Board of Education shall 
enforce the Code, that any rules and regulations governing 
the public schools made and published by the State Board 
of Education in the course of its duties "shall have the force 
of law," which gives the State Board power to enforce its 
policies. Furthermore, in defining the duties and powers of 
the State Commissioner of Education, the several county 
and district boards and the county superintendents, the new 
School Code, in every case, qualifies their respective powers 
by stipulating they shall be "subject to the provisions of 
this chapter (the School Code) and to the rules, regulations 
and the policies of the State Board of Education." 

What is the effect of this? 

It enables the State Board of Education to establish and 
enforce rules and standards regarding schools, teachers, 
equipment, buildings and other school management so that 
the same standards shall exist in every school in the State 
and there be unity and harmony in the school system. 

How does the School Code provide that the State Board of 
Education may compel obedience to the Code and the State 
Board's policies ? 

6 By giving the State Board of Education power to remove 
any school official who refuses or neglects to carry out the 
provisions of the Code. It may exercise the power only for 
the purpose of enforcing the school laws. 

For what causes may the State Board of Education remove a 
school official? 

6 For four causes, namely : Immorality, incompetency, mis- 
conduct in office and wilful neglect of duty. 

Does the nezv School Code provide removal of school officials 
or teachers for "insubordination" ? 

6 It does not. The School Code empowers and commands the 

State Board of Education to remove any school official, 

elective or appointive, for any of the four causes mentioned, 

80 but insubordination is not named. It empowers each 

County Board of Education to suspend or remove any 

112 school principal or teacher or supervisor or attendance offi- 

158 cer or employee of the County Superintendent's office or his 

staff of assistants, or any member of a school district board 

12 



of trustees, for any of the four causes mentioned above, but 
insubordination is not mentioned. The Boards of Education 

128 in special districts are empowered to suspend or remove any 
school official or employee within their jurisdiction (except- 
ing the School Superintendent) for any of the four causes 
above mentioned, but insubordination is not mentioned. The 
89 State Board of Education is especially empowered with the 

137 removal of County Superintendents and School Superinten- 
dents of Special Districts for any of the four causes above 
mentioned, but insubordination is not mentioned. 

172 Finally, in enumerating the causes for which a teacher of 
any grade or a principal, supervisor or assistant may be 
suspended or their certificate revoked, the Code mentions 
only the four above mentioned causes. It makes no pro- 
vision for removing or suspending a teacher for "insubor- 
dination." 

How must charges against a teacher or other school official be 
made ? 

They must be made in writing and the accused must be given 
not less than 10 days' notice of the charges and their con- 
tents before he is asked to attend a hearing of the charges. 

Are these hearings "star chamber" proceedings? 

They are not. The Code provides in every case the ac- 
cused shall have the right to be represented by counsel. 
All hearings conducted by the State Board of Education 
must be open to the public. 

Is there any appeal provided for those found guilty ? 

80 Unless the decision of the County Board of Education or 
the Board of Education of a Special District is unanimous 
the accused may appeal to the State Board of Education. In 
the case of a revocation of a teacher's certificate, no action 

128 by a County Board or Board of Education of a Special 
District is final or valid unless it is approved by the State 

172 Board of Education. In all cases the State Board of Edu- 
cation is empowered to make any independent investigation 
on its own initiative. 

Is "insubordination" mentioned anywhere in the Code as cause 
for removal of a school official? 

Yes. In section 33 it provides the State Commissioner may 
prefer charges against officials on the ground of insubordi- 
nation. 

13 



How is this explained ? 

In the original draft of the Code, insubordination was men- 
tioned as one cause for removal of officials or teachers. 
The bill was amended by striking out all such provisions, but 
apparently through a clerical oversight it was not stricken 
out of Section 33. 

What is the effect of its appearing in Section 33? 

None. Inasmuch as neither the State Board nor any other 
Board has the authority or power to remove or suspend 
anyone for "insubordination," no charge based on that 
ground would be valid or could be considered. 

Is the power of removal of school officials un-democratic? 

It is not. Quite the contrary. In a democratic form of 
government, legislative bodies representing the people usually 
confer upon those authorities empowered to enforce laws 
the power to remove or discipline subordinates who refuse 
to obey the laws or who seek to obstruct and nullify the 
laws by failure or refusal to perform the duties assigned to 
them. Unless superior authorities have the right and power 
to compel obedience, then we have not a democracy but 
anarchy; not order but disorder; not progress but chaos 
and ruin. 

Was there any power of removal of school officials under the old 
school laws? 

None except in case of teachers. The State Commissioner, 
County Superintendents and County School Commissions, 
all appointed by the Governor, were not subject to removal 
or dismissal. 



Hozv could teachers be removed under the old school laivs? 

O.L.The local school district committee could remove a teacher 
"for cause." 
15 No charges had to be filed. No hearing of any kind had to 
be given. No appeal from the committee's action was pro- 
vided for. The "cause" might be real, or it might be the 
whim or prejudice of the committee. It might be because 
the teacher was incompetent or it might be because the 
teacher was competent and had disciplined the child of some 
one of the committee. The committee was autocratic, — the 
accuser, the prosecutor, the judge, the jury and the court 
of last appeal; it might hold its "court" in private. The 

14 



teacher had no rights at all. The old law also provided that 
the County Superintendent (an appointee of the Governor 
and not subject to removal himself) could "suspend and 
O.L.withdraw any teacher's certificate" upon the teacher's 
26 "refusal to comply with the reasonable directions made to 
such teacher by the said superintendent." 
The superintendent did not have to prefer charges, or give 
a hearing. The law gave the teacher the right to appeal 
to the State Board of Education, but it gave the State Board 
no power to compel the County Superintendent to re-instate 
the teacher. The State Board could save the teacher her 
certificate, but it could not (in event it found the County 
Superintendent wrong) restore her to her former school 
position or even guarantee her employment in the State of 
Delaware. 

Was there anything fair, just or democratic in this old law? 
The facts just set forth make answer. 

What is the effect of giving the State Board of Education power 
to enforce the school law and its policies under the School Code? 

A uniform system of schools throughout Delaware, which 
guarantees the poorest and the most remote district in the 
State the same high standard of schools as the richest and 
most populous district. It guarantees the country school 
will be as good, grade for grade, as the town school. 



15 



STATE BOARD OF EDUCATION 

Who is at the head of the free public school system of Delaware? 

The State Board of Education. The new School Code 
states, "The general administration and supervision of the 
free public schools and of the educational interests of the 
1 State shall be vested in a State Department of Education, at 
the head of which shall be a State Board of Education." 

How is the State Board of Education composed? 

1 It is composed of five members appointed by the Governor. 

How was the State Board composed under the old law? 

It was composed of seven members appointed by the 
Governor. 

How long do the members of the State Board of Education 
serve? 

The new School Code fixes their terms as follows : 
"In making the first appointments under this section, the 
Governor immediately after this Act goes into effect shall 
appoint to this Board one member to serve until the first 
1 day of July, 1920; one member to serve until the first day 
of July, 1921 ; one member to serve until the first day of 
July, 1922 ; one member to serve until the first day of July, 
1923; and one member to serve until the first day of July, 
1924; and until their respective successors qualify. There- 
after, as the respective vacancies occur, appointments to 
this Board shall be made by the Governor before the first 
day of July and the term of each member shall be five years." 

When do the terpts of the present Board expire? 

A. B. Peet, Milford, July 1, 1920. Harvey Marvil, Laurel, 
July 1, 1921. Hervey Hall, Smyrna, July 1, 1922. George 

B. Miller, Wilmington, July 1, 1923. ,P. S. du Pont, Wil- 
mington, July 1, 1924. 

What qualifications must a member of the State Board of Edu- 
cation have? 

1 He must be a citizen of the State of Delaware and he must 

16 



not hold any position subject to the authority of the State 
Board of Education. 

May a member of the State Board of Education be eligible for 
re-appointment? 

1 He may. 

Can the State Board of Education be a "one man" Board in any 
way? 

2 It cannot. It can adopt no motion or resolution except by a 
vote of the majority of the whole Board, that is, the vote 
of three out of five members. 

Has the State Board of Education any permanent offices? 
2 Under the new Code, it must have offices in Dover. 

Who pays for these offices? 
2 The State of Delaware, by legislative appropriation. 

How often does the State Board of Education meet? 

2 Under the Code, it must hold meetings on the first day of 
each July, September, December and March. It may hold 
such other meetings at such places as its business may 
require. 

Do members of the State Board of Education receive a salary? 

3 They do not. Each member receives $10 a day for each 
day he attends meetings of the Board, provided he shall not 
receive pay for more than one day each calendar month. 
This makes $120 the maximum amount of per diem com- 
pensation any one member can receive in a year. Members 
are also entitled to receive their actual traveling expenses 
incurred in attending meetings of the Board. 

Does this differ from the old law? 

Yes. Under the old law, the members of the State Board 
of Education received no per diem compensation, whatever, 
but did receive "necessary expenses." 

Does the State Board of Education name any school officials? 

4 It does. Under the new School Code, it appoints a State 
57 Commissioner of Education and all his professional and 

clerical assistants. 

17 



Is there any limit to the number of assistants the State Com- 
missioner of Education may have? 

Yes. The School Code says the State Department of 
58 Education must keep within the limits of the appropriation 
27 voted it by the General Assembly. The Code also provides 
that the State Board of Education must present to each 
General Assembly its budget for the next succeeding two 
years, and this budget must show what it proposes to spend 
in the office of the State Commissioner of Education. The 
legislature has the power and the right to reduce this budget, 
and thereby limit the payroll and expenses of the office of 
the State Commissioner. 



Is the State Commissioner of Education independent of the State 
Board of Education? 

He is not. The State Board appoints him and under the 
4 law it may remove him for immorality, incompetency, mis- 
31 conduct in office or wilful neglect of duty, after filing written 
charges and giving him a hearing. 

What are the relations of the State Board of Education and the 
State Commissioner of Education? 

The State Board of Education determines and puts into 

6 effect educational policies for the free public school system 

7 of Delaware and enacts by-laws and regulations for en- 
forcing these policies. The State Commissioner of Education 
is the executive officer of the State Board of Education, 
through whom the State Board enforces its policies. 

Has the State Commissioner of Education any other relation 
to the State Board? 

4 He has. In addition to being its executive officer, he is 
also its Secretary. 

Has he any voice in the deliberations of the State Board ef 
Education? 

He has a voice but no vote. Under the Code, he must be 
4 present at meetings of the State Board, except upon occa- 
sions when "his own tenure, his salary and the administra- 
tion of his office are under discussion." The Code further 
provides he "shall have the right to advise on any question 
under consideration, but shall have no right to vote." 

18 



How does this differ from the old law? 

Under the old law, the State Commissioner of Education 
was appointed by the Governor and was, therefore, inde- 
pendent of the State Board of Education. The State Board 
could not remove him and had only a general, loosely defined 
supervision of his activities. 

What did this permit? 

In event he did not wish to co-operate with the State Board 
of Education, it permitted the State Commissioner to act 
contrary to their wishes and in disregard of their policies. 
It permitted a State Commissioner to act autocratically. It 
permitted a State Commissioner, appointed by a Governor, 
even to defy the State Board of Education and breed discord 
and strife in the State's educational system. 

How is the new law superior? 

It is superior in that it provides for the closest harmony 
between the State Board of Education, which is commanded 
to frame the educational policies of the State's 'public 
schools, and the State Commissioner of Education who is 
commanded to execute these policies. If the policies are 
ill advised, the public can easily fix the blame on the State 
Board of Education. Under the old law, it was possible 
for the State Board of Education to shift the blame onto 
the shoulders of the State Commissioner or other school 
officials, who, in turn, could claim the blame belonged to 
the State Board. The new Code centers responsibility and 
authority in the State Board of Education. 

Has the State Board of Education any authority over school 
officials and authorities, other than the State Commissioner and 
his assistants? 

Yes, in event the law is disobeyed. The Code commands 
the State Board of Education to carry the provisions of the 
6 law into effect and to make whatever rules and regulations 
may be necessary to do so. It then provides that for the 
purpose of enforcing the provisions of the law and the rules 
and regulations necessary to enforce the law, the State 
Board of Education "is empowered and shall remove, for 
immorality, misconduct in office, incompetency or wilful 
neglect of duty" any school officer of the State of Delaware, 
whether elected or appointed to office. It does not give the 
State Board power to remove any such official for "insub- 
ordination." Such officials can be removed only after they 

19 



have been given written copies of the charges against them, 
and a public hearing with benefit of counsel. 

In the event of such removal, how is the vacancy filled? 

6 The State Board of Education appoints a successor tempor- 
arily, to hold until the next school election, at which time 
the people elect a successor for the unexpired term of the 
one removed. 

How may the duties of the State Board be defined? 

They may be defined as of two classes, — general and specific. 

What are its general duties? 

6 (a) It shall cause the provisions of the School Code to be 
carried into effect. It shall determine the educational policies 
of the State and enact by-laws, or rules and regulations, for 
the administration of the public school system, which, when 
enacted and published, shall have the force of law. 

7 (b) It shall exercise general control and supervision over 
the free public schools of the State. It shall consult with all 
school authorities and officials and citizens regarding the 
public school system. It shall direct and develop, in every 
way, public sentiment in support of public education. 

26 (c) It shall conduct investigations relating to the educational 
needs and conditions of the State, and may employ expert 
assistance for that purpose. 

29 (d) It shall study the educational needs of the State and 
recommend to the Governor and General Assembly such 
additional legislation or changes in existing laws, as it deems 
desirable. 

32 (e) It shall explain the true intent and meaning of the 
School Code and of the enacted and published by-laws and 
rules and regulations of the State Board of Education. 

32 (f) It shall decide, without expense to parties concerned, 
all controversies and disputes involving the administration 
of the public school system. 

Are any of the duties of the State Board of Education optional? 

8 Yes. In three instances. 

(a) It may condemn for school purposes any public school 
building which exists in violation of its rules for sanitation 
and safety. 

20 



10 (b) It may permit a public school with one teacher to have 
more than the first six grades of elementary work and it may 
permit a public school with one teacher to attempt high 
school instruction. Both of these are prohibited by the 
Code, unless the State Board expressly authorizes the excep- 
tion. 

18 (c) It may alter, fix, change and determine the boundaries 
of any or all special school districts. 

What of the other duties of the State Board of Education ? 

They are compulsory. In each case the Code is mandatory. 
In each instance the Code says the Board "shall" perform 
the duty enumerated. 

What are the specific duties of the State Board of Education? 

"The State Board of Education" (to quote the mandatory 
clause at the beginning of the respective sections) "shall 
prescribe rules and regulations for" — 

8 (a) hygienic, sanitary and protective construction of school 
buildings. 

9 (b) health, physical welfare and physical inspection of 
children. 

10 (c) grading and standardizing all public schools. 
13 (d) examination of teachers. 

16 (e) admission of pupils from rural schools into schools of 
special districts and into high schools. 

20 (f) taking a biennial school census of all children. 

21 (g) enforcement of school attendance. 

10 It "shall limit" the years and grades of instruction offered 
in public schools. 

10 It "shall prescribe" the minimum requirements for issuance 
of all public school diplomas. 

11 It "shall prescribe" the minimum courses of study in all 
public schools. 

12 It "shall prescribe" the textbooks to be used in all public 
schools. 

12 It "shall fix" the prices at which these textbooks shall be 
sold to County and Special District Boards of Education. 

15 It "shall prescribe" conditions and requirements which must 
be fulfilled by high schools in order that they may secure 
State aid. 

21 



16 It "shall fix" tuition rates which County Boards of Education 
shall pay Special School Districts for admission of children 
from rural school districts. 

17 It "shall fix" the date of opening and closing of school terms, 
hours of daily session, holidays. 

17 It "shall fix" pay of teachers absent because of sickness or 
quarantine or because schools are closed by quarantine. 

18 It "shall prescribe" conditions and requirements to be ful- 
filled by Special School Districts in order that they may 
exercise the privileges of Special School Districts. 

22 It "shall prescribe" uniform series of blanks and forms 
for use by all school boards, officials and teachers, in pre- 
paring their financial reports and budgets and all educational 
records. 

23 It "shall require" all persons conducting private schools and 
all private educational institutions and corporations to make 
annual report of school enrollment, attendance and age of 
children. 

25 It "shall administer and enforce" the law regulating importa- 
tion of dependent children. 

27 It "shall transmit" biennially to the Governor and the Gen- 
eral Assembly the State public school budget which calls 
for legislative appropriations to the public schools of Dela- 
ware. 

28 It "shall submit" annually to the Governor a report covering 
all operations of the State Department of Education, and the 
condition, progress and needs of education throughout the 
State. 

Has the State Board of Education other duties? 

Yes. The School Code fixes certain conditions and require- 
ments, which it directs and requires the State Board of 
Education to enforce, leaving the Board no option in the 
matter. 

What are these requirements? 

8 (a) No contract for new school building or repairing old 
one in excess of sum of $300, shall be valid unless plans 
and specifications for same have been approved by State 
Board of Education. 

11 (b) English shall be the only language taught in the first 
six grades of all elementary schools in the State. Any viola- 
tion of this last named provision by any private educational 

22 



institution or corporation must be stopped by legal action 
by the State Board of Education. 

12 (c) The lists of textbooks from which local school authori- 
ties may choose must be an "open" list. No textbook added 
to the list may be dropped before the expiration of four 
years from date of its being listed. 

13 (d) No teacher training course shall be offered by any 
educational authorities or institutions of any kind in the 
State of Delaware, without having first procured the assent 
of the State Board of Education. 

16 (e) All four year high school courses shall be open to all 
children of the State, and in all cases tuition shall be paid 
by County Board of Education. 

19 (f) State Board must co-operate with County Boards of 
Education in the consolidation of schools under jurisdiction 
of County Boards. 

19 (g) State Board must contribute 20 per cent of total first 
cost of grounds, buildings and equipment of consolidated 
schools, provided it has approved all plans for such con- 
solidation and provided it expends not to exceed $10,000 in 
any one year for this purpose. 

24 (h) State Board must co-operate with Federal Board of 
Vocational Education in the administration of the Smith- 
Hughes Vocational Education Act, which the State of Dela- 
ware accepts by the terms of the new School Code. 

27 (i) Must include in its State public school budget, trans- 
mitted to the General Assembly, items of annual appropria- 
tions required for following purposes : 

(1) for State Department of Education, comprising 
expenses of State Board of Education and the sup- 
port and expenses of the office of State Commissioner 
of Education. 

(2) for payment of teachers' expenses for summer school 
attendance. 

(3) for consolidation of schools. 

(4) to meet provisions of Smith-Hughes Vocational 
Educational Act. 

(5) for payment of salaries of county superintendents, 
county supervisors and county attendance officers. 

(6) for State aid to approved high schools. 

(7) for State aid to elementary schools. 

29 (j) Must make all its recommendations to the General 
Assembly in the form of prepared bills, which must be laid 
before the Governor and the General Assembly. 



What is the fundamental difference between the State Board of 
Education tinder the old law and under the new School Code? 

Under the old law the State Board of Education had no 
power to enforce its policies, and its duties were defined in 
such general terms that they were capable of varying inter- 
pretations and meant much or little, according to the spirit 
6 and wishes of the State Board. Under the new School Code, 
the State Board is clothed with power to enforce its policies. 
The Code provides that all rules and regulations, enacted 
and published by the State Board of Education, "shall have 
4he force of law." Under the new Code, the duties of the 
State Board of Education are specifically defined and it is 
ordered and empowered to perform each of the duties. It 
cannot evade or shift its responsibility. 



24 



STATE COMMISSIONER 

What are the qualifications required of the State Commissioner 
of Education by the new Code? 

31 Graduate of any standard college, two years' professional 
graduate work in some university and not less than seven 
years' experience in teaching and school administration. 

What did the old law require? 

Graduate of standard college or normal school and five 
years' experience as a teacher. 

Is there anything unusual about the qualifications required by 
the new Code? 

No. All states with good educational systems require very 
high professional qualifications of their State Commissioners 
of Education. 

What is the salary of the State Commissioner? 
$5000 a year. 

How is it fixed? 

31 It is fixed by the State Board of Education which appoints 
him. 

Hozv is it paid? 

31 It is paid from the appropriation made by the General 
Assembly for the maintenance and expenses of the State 
Department of Education. 

Does this give the General Assembly control of his salary? 
It does. 

What are the duties of the State Commissioner of Education? 

34 He is the executive officer of the State Board of Education, 
empowered and authorized by the Code to carry into effect 
the educational policies of the State Board of Education and 
the provisions of the School Code. 

25 



Has the State Commissioner autocratic power? 

35 He has not. With the exception of a few duties imposed 
to upon him by the School Code which he performs in con- 
57 junction with and co-operation with the State Board of 
inc. Education, the County Boards of Education and the authori- 
ties of Delaware College, the plans of the State Commis- 
sioner of Education must be submitted to the State Board of 
Education for its approval and adoption. 

Has the State Board of Education the right and power to with- 
hold its approval of any such plans submitted by the State Com- 
missioner? 

It has. 

Can any policy, rule, regulation or plan effecting the free public 
school system of the State of Delaware, other than those expressly 
defined in the Code, become effective and be enforced without 
the approval of a majority of the State Board of Education? 

6 The State Board of Education is the only authority em- 
powered to put into effect and enforce policies or regula- 
tions governing the public school system of Delaware, and 
2 this must be done by and with the approval of the majority 
of the State Board of Education. However, in determining 
what policies, rules, regulations or plans are best and should 
be adopted and enforced, the State Board of Education 
13 shall consult with the several state and local school officials 
and authorities, teachers and citizens interested in public 
school matters. 

Has the State Commissioner of Education any functions other 
than those of Secretary to the State Board of Education and 
those of executive officer of the State Board? 

4 The State Commissioner of Education always acts in an 
advisory capacity to the State Board of Education. He is 
authorized and directed to make recommendations to the 
State Board affecting educational policies and public school 
affairs, and he is authorized and directed by the School Code 
to be present at all meetings of the State Board of Education 
and advise them upon school matters. 



26 



COUNTY BOARDS AND SUPERIN- 
TENDENTS 

Under the old school laws who were the county school officials? 

A County School Commissioner and a County Superin- 
tendent. 

How were they selected? 

Appointed by the Governor. 

Did the old laws compel their co-operation in the management 
of public schools of a county? . 

They did not. They were appointed wholly independent of 
each other and their duties, as denned by the old laws, did 
not call for co-operation. 

What were the powers and the duties of the County School 
Commission under the old laws? 

O.L.They had no powers. Their duties were optional and per- 
5 functory. They could make a study of the school system 
of their county, visit the schools, question the teachers regard- 
ing their methods, examine all reports made to or filed with 
the County Superintendent, confer with the County Super- 
intendent and make suggestions to the State Board of 
Education. But they could order nothing done, do nothing 
themselves, change no policy or practice nor initiate new 
ones, correct no evite, institute no reforms. The only 
specific power they had was that of condemning any school 
building as unsafe or insanitary, but having condemned it, 
their power stopped. It was especially provided they could 
not suspend or close any school held in the condemned 
building, or tear the building down or otherwise stop its use 
for school purposes. Altho styled "School Commissions" 
they had no part in the management or the policies of the 
public school system of their county. 

Were the County School Commissioners selected because of 
their educational qualifications or activities and interest in educa- 
tional affairs? 

The old law made no such specification. The only qualifica- 
tion it prescribed was a political one — no more than two 

27 



of the Commissioners could be of the same political party 
and in event of a vacancy on the Commission, the successor 
must be of the same political faith as the one whose unexpired 
term he was appointed to fill. In other words, the County 
School Commission of the old system, under the old laws, 
was a political commission appointed by the Governor, with 
no power or authority whatever in educational affairs. 

Is there any political qualification attached to the County Boards 
of Education under the new Code? 

There is not. It is a Board created for the purpose of 
directing the management of the public school system of 
the county. It is elected by the people of the county outside 
the special districts. Any resident of the county outside the 
special districts may be a candidate for election to the Board, 
provided he gets a petition for his nomination signed by 25 
qualified voters of his county. 

What are the powers of the County Board of Education, elected 
by the people of each county, outside the special districts? 

65 To quote the new School Code, — "all the powers necessary 
or proper for the control and management of the free public 
schools under their jurisdiction." 

What specific duties are assigned to the County Board of Educa- 
tion by the new School Code? 

66 (a) Control and management of all property, estate, effects, 
money, funds and claims and State donations for the use 
and benefit of free public schools in the county. 

66 (b) Trustee of any real or personal property, granted or 
bequeathed for use of the schools of any county or of any 
particular school district in the county. 

68 (c) Must maintain "uniform, equal and effective system of 
free public schools throughout the county" which shall in- 
clude both elementary and high schools, and shall provide 
separate schools for white and colored children. 

72 (d) Must provide ample and suitable grounds, buildings and 
equipment for all the needed schools of the county, subject 
to the standards fixed by the State Board of Education. 

72 (e) May institute condemnation proceedings to acquire sites 
(not to exceed 10 acres) for school grounds and buildings. 

72 (f) Must approve all contracts for renting, repairing or 
constructing school buildings within its jurisdiction. 

72 (g) Must sign all school bonds issued by the county. 

76 (h) May consolidate school districts. 

28 



83 (i) Shall provide ample funds for maintenance and operation 
of schools within its jurisdiction by a county school budget 
prepared and submitted to the Levy Court. 

87 (j) Shall make and distribute an annual printed report to 
the people of the county covering the condition, accomplish- 
ments and needs of the schools within its jurisdiction, also a 
statement of its business and financial transactions. 
158 (k) Shall act as local trustees for any school attendance 
district within its jurisdiction which may not have a board 
of trustees. 
158 (1) May remove any member of a local board of school 
trustees for immorality, misconduct in office, incompetency 
or wilful neglect of duty, and shall fill all vacancies on any 
local Board of Trustees. 

80 (m) May suspend or remove any principal, teacher, super- 
visor or attendance officer of county within its jurisdiction 
for immorality, misconduct in office, incompetency or wilful 
neglect of duty. Unless decision of Board is unanimous, 
one, so removed, may appeal to State Board of Education. 

63 (n) Shall appoint a County Superintendent, subject to the 
approval of the State Board of Education. 

Does the new Code make it compulsory upon a County Board of 
Education to consolidate school districts? 

76 No. The Code leaves it entirely up to the discretion of 
County Boards of Education to consolidate school districts. 
They may consolidate schools "when, in the Board's judg- 
ment, it is practicable." The Code provides that in the per- 

69 formance of their duties of control and supervision of the 
public schools of their county, County Boards "shall consult 
and advise with" their several school officials and local 
boards of school districts and with citizens interested in 
school affairs. 



How was the County Superintendent selected under the old 
school laws? 

O.L.He was appointed by the Governor. 
26 



What are the duties of the County Superintendent, under the 
School Code? 

90 He shall act as executive officer of the County Board of 
Education and shall see that the School Code, the rules and 

29 



regulations and policies of both the State and the County 
Boards of Education are carried into effect. 

Is the County Superintendent superior in authority to the County 
Board of Education and may he act independently of the Board? 

92 No. The law enumerates his duties as those of an executive 

to officer who makes recommendations and works out plans for 
111 the administration of the schools under county jurisdiction, 
inc. which recommendations and plans must be submitted to the 
county Board of Education for the Board's approval and 
adoption. In brief, the County Superintendent prepares and 
recommends plans, the County Board approves them and 
authorizes their execution. Their powers co-ordinate in 
many duties. All contracts entered into by the County Board 

95 of Education must be approved by the County Superintend- 
ent before they are valid, but the County Superintendent has 
no power to enter into or make a contract on his own 
authority or initiative. The County Superintendent recom- 

72 mends a bond issue, but the County Board must authorize 
it and they alone sign the bonds. The County Superin- 

98 tendent works out the plans for consolidation of school 
districts, but he cannot authorize the consolidation; only 
the County Board may do that. Being the educational 

76 expert of the county, (hired for that reason) and because 
of his technical knowledge, the County Superintendent is 
held responsible for working out the details of school gov- 
ernment in the county (subject to the standards fixed by 
the State Board of Education for their approval, adoption 
and authorization). After his plans are approved and author- 
ized by the County Board of Education, he is entrusted with 
the responsibility of putting them into effect. The functions 
and powers of the County Board of Education and County 
Superintendent are complementary and co-ordinate. 

How may the County Superintendent be removed ? 

89 By the State Board of Education for immorality, misconduct 
in office, incompetency or wilful neglect of duty. 

Why should not the County Board of ' Education remove him? 

Because he is a co-ordinate official with them and any charges 
against him most likely would arise out of conflict between 
him and the County Board, which would make the County 
Board an interested party and therefore, not the party to 
sit in judgment. 

In case of removal, of the County Superintendent, how is his 
successor selected? 

30 



89 The County Board of Education appoints his successor. 

What is the salary of a County Superintendent? 

89 The Code provides a minimum salary of $2700 a year, which 
shall be paid by the State out of State funds, but the County 
Board of Education may pay more than $2700, provided 
they raise the excess by local taxation. 



31 



SPECIAL SCHOOL DISTRICTS 

What are Special School Districts? 

121 Certain cities, towns and school districts designated by the 
General Assembly, with the proviso that those designated 
units accept the provisions of the School Code. The desig- 
nated units were: Wilmington, Alexis I. du Pont School 
(School districts 23 and 75) Newark and New Castle, in 
New Castle County; Dover, Caesar Rodney School (Consoli- 
dated District No. 1) Harrington, Smyrna and Milford, in 
Kent County; Georgetown, Lewes, Laurel and Seaford in 
Sussex County. Wilmington has not yet accepted the pro- 
visions of the School Code and so is not a Special School 
District under the Code. 

The State Board of Education is authorized and empowered 
to create other Special School Districts, provided the dis- 
tricts so created fulfill now and continue to fulfill certain 
conditions specified in the Code. 

The State Board of Education has created one such Special 
School District, — Claymont, New Castle County. 

What Conditions must be fulfilled by a Special School District? 

122 It must have — (1) ample ground, buildings and equipment 
conforming to standards established by the State Board of 
Education. (2) an elementary school including grades 1 to 
8 and at least one four-year high school. (3) a school year 
of not less than 180 school days within 10 calendar months, 
beginning the first Tuesday after the first Monday in Sep- 
tember. (4) free textbooks, supplies and instructional 
material for all pupils in all grades. (5) a Superintendent 
of Schools of the qualifications prescribed by the Code. 
(6) teachers in the elementary and high schools who hold 
certificates of the character and standard prescribed by the 
Code. 

What is the governing body of a Special School District? 
115 The Board of Education. 

How is the Board of Education of a Special School District 
selected? 

115 It is elected by the school voters of that Special School 
District. 

32 • 



What are its duties and powers? 

The Board of Education of a Special School District is 
vested with powers and assigned duties within its jurisdiction 
that correspond to the powers and duties of a County Board 
of Education within its jurisdiction. 

How is the Superintendent of Schools of a Special School Dis- 
trict selected? 

117 He is appointed by the Board of Education of that Special 
District. 

What are the powers and duties of the Superintendent of Schools 
of a Special School District? 

With one exception, they correspond within the jurisdiction 
of a Special School District, to the powers and duties of a 
County Superintendent within his jurisdiction. That excep- 
tion is : a County Superintendent shall devote his entire time 
to school management and supervision, while a Superintend- 
ent of Schools of a Special District is compelled by the 

122 Code to devote at least half of his time to school manage- 
ment and supervision. He may teach the other half of his 
time insofar as any mandate of the Code is concerned. But 
it is optional with the Board of Education of a Special 

157 School District to assign the Superintendent of Schools 
exclusively to a school management and supervision. 



33 



LOCAL SCHOOL DISTRICTS AND 
COMMITTEES 

Under the old school laws what was the governing school author- 
ity in a local school district? 

A School Committee of three, elected by the school voters 
of the district. 

What were the duties of the School Committee under the old 
school laws? 

(a) keep the school house in good repair. 

(b) insure it against loss by fire. 

(c) supply it with necessary furniture and fuel. 
• (d) bring action for any injury to it. 

(e) keep the school open for at least 140 days each school 
year. 

(f) visit the school at least once each school year quarter. 

(g) employ a teacher (or teachers), 
(h) dismiss a teacher "for cause." 

(i) make regulation for government of schools and expul- 
sion of pupils for obstinate misbehavior, 
(j) provide free text books. 

(k) display a United States flag not less than 8x6 on the 
School building during school hours. 

(1) place within each school house one proper and correct 
United States map not less than 4x3 and one proper and 
correct map of Delaware not less than 3x2. 
(m) levy, collect, expend and account for school taxes to 
be raised by the school district, and receive and account for 
whatever school funds were received from the State and 
other sources. 

(n) settle the accounts of the school district with the State 
Auditor on or before the tenth day of August in each year, 
(o) make a report of the school district finances and condi- 
tions to the school voters at the annual school meeting and 
election. 

Did the local School Committees perform their duties under the 
old law? 

Some did. Many did not. Scores of school houses were not 

34 



kept in good repair, nor supplied with necessary furniture, 
nor furnished with maps and other supplies. It is claimed 
in some instances school books' were not furnished. It is 
claimed that in many districts no reports were ever made 
of the financial condition of the school district at the annual 
school meetings. School committees let bills of all kinds — 
for repairs, fuel, teachers' salaries and other items go unpaid 
thereby running their districts in debt. In many districts 
bonds were issued but no provision made for reducing the 
bonded indebtedness. Over $260,000 of such old, unpaid 
debts were turned over to the school authorities under the 
new Code to be paid out of the taxes raised under the new 
Code. The following table is an itemized report of those 
debts. 



TOTAL INDEBTEDNESS OF DELAWARE SCHOOLS 
JULY 1, 1919 

COUNTIES 

Bonds Floating Interest Total 

New Castle $34,300.00 $2,886.93 $0.00 $37,186.93 

Kent 0.00 6,133.55 0.00 6,133.55 

Sussex 59,000.00 16,365.03 0.00 75,365.03 

$93,300.00 $25,385.51 $0.00 $118,685.51 $118,685.51 

SPECIAL SCHOOL DISTRICTS 

Claymont $0.00 $0.00 $0.00 $0.00 

A, I. du Pont ' 0.00 0.00 0.00 0.00 

Newark 8,000.00 0.00 0.00 8,000.00 

New Castle 0.00 0.00 0.00 0.00 

Smyrna 14,950.00 0.00 0.00 14,950.00 

Dover 4,500.00 0.00 0.00 4,500.00 

Caesar Rodney 32,500.00 0.00 0.00 32,500.00 

Harrington 23,500.00 1,300.00 0.00 24,800.00 

Milford 23,000.00 450.31 15.60 23,465.91 

Georgetown 5,000.00 5,118.42 294.73 10,413.15 

Lewes : 1,000.00 1,400.75 30.00 2,430.75 

Laurel 9,500.00 0.00 452.50 9,952.50 

Seaford 1,660.00 (Paid in July) 



$123,610.00 $8,269.48 $792.83 $131,012.31 131,012.31 

$249,697.82 
School Books, 1918-1919 11,170.08 

Grand Total $260,867.90 



Were teachers employed under the old law because of their 
qualifications as teachers? 

Not necessarily. There are many records of teachers being 
employed without their possessing a teacher's certificate. 
It is common report that many teachers were employed 
because of relationship to some member of the school com- 
mittee. There was no standard to which a teacher had to 
comply. Each school committee employed the teacher it 



wished at the salary it wished. Records show that only 
20 per cent of the teachers in Delaware had any training, 
while 67 per cent of the teachers employed had no training 
and only a limited education, holding the very lowest grade 
of certificate issued by the State. Only three states, Georgia, 
North Carolina and Mississippi, were paying lower annual 
salaries to rural school teachers than Delaware was paying. 

What was the basic defect of the old school law relating to local 
school districts and school committees? 

It placed upon the school committee two distinct functions 
of government — that of providing good public schools and 
that of levying and collecting taxes, functions which fre- 
quently clashed. To provide good schools required a constant 
increase in school funds, which, in turn, required a constant 
increase in local school taxes. It was unpopular to raise 
taxes constantly, even to support good schools. The result 
was the local district school committees made little or no 
effort in the majority of cases to increase the taxes and the 
schools suffered. The term was shortened, the repairs were 
neglected, supplies were not furnished, the teacher's salary 
was kept at the lowest possible point. 

What does the new School Code do? 

It separates the duties of providing and managing public 
schools and those of levying and collecting taxes. 

Is this consistent with other departments and branches of our 
government? 

Yes. Providing revenue for running the various depart- 
ments of government is a function all by itself to be handled 
by special and separate machinery and officials. The Gov- 
ernor and other executive officials do not levy and collect 
the taxes necessary for their departments. The legislature 
does not levy and collect taxes necessary for its salary and 
expenses. The judiciary do not levy and collect the taxes 
necessary for their department. State penal and charitable 
institutions — nor their officials — do not have to levy and 
collect the taxes necessary for their support. The State 
highway department does not levy and collect the taxes for 
its upkeep. There is no reason, then, why the public school 
officials should also be tax officials, compelled to raise the 
revenue needed to run the public schools. The new School 
Code accordingly removes all power of levying and collect- 
ing school taxes from school committees and places it where 
it of right belongs, with the Levy Courts of the counties. 

36 



Does the new School Code deprive the local district committee of 
any voice in its district school affairs? 

It does not. Under the new Code the local district school 

161 committee shall have the care of the school buildings, land, 
apparatus and other school property, just as it had under 
the old laws. It must hold not less than four regular meet- 
ings a year for the consideration of school affairs of its dis- 

159 trict, whereas under the old law it did not have but one reg- 
ular meeting a year. It must meet with the teacher (or 
teachers) of the district prior to the beginning of the school 
year, discuss the general policy of conducting the school and 

166 take definite steps toward making the school a real educa- 
tional and civic center of the community. It must visit the 

167 school of its district and seek in every way to develop public 
sentiment in support of the school. It must meet prior to 
the commencement of the next school year and go over the 

162 condition and the needs of the school district and its property 
and make a report of its findings and recommendations to 
the County Board of Education; in other words, it must 
report what financial support the school needs for the com- 
ing year in order to provide for repairs, supplies, improve- 
ments, janitorial service, etc. As stated in the preceding 
question and answer, it no longer has the power to levy or 
collect or borrow any of the money thus needed but that 
power is not properly an educational one. It belongs to 
the revenue raising body of the county, namely, the Levy 
Court. 

It is said in criticism that the local school committee can make 
no repairs except "incidental" ones, without the expense first is 
approved by the County Superintendent and authorised by the 
County Board of Education and that this is a curtailment of the 
former powers of the local school committee. 

The local school committee of a district school has as much 
power to make repairs under the new Code as it had under 
the old laws. Under the old laws if a local school committee 
wished to make other than incidental repairs and wanted 
to pay for them, school taxes for that district had to be 
increased, but the old committee had no power to increase 
the school taxes. To make other than incidental repairs the 
committee had to call a special school meeting of all the 
district and submit the proposition to a vote. Now they 
submit the proposition to the County school authorities. 
This may be done either in the school committee's annual 
report and recommendations which may include items for 
repairs, or it may be done at any time during the year, as 
the emergency arises. There is no curtailment of their 

37 



powers, merely a submission of their plans to a different 
authority than before. 

Why should not the matter be submitted to the voters of the 
school district as before? 

Because the taxes for repairs and improvement of a district 
school house are no longer levied and collected solely within 
that district, but from the whole county outside the special 
districts, in accord with a county school budget prepared and 
submitted by the County Board of Education to the County 
Levy Court. This budget provides for "repairs" and in 
order that the amount appropriated by the Levy Court for 
school "repairs" may not be exceeded, it is necessary for 
the County Board of Education to go over all proposed 
expenditures for repairs. 

What is the advantage of this? 

It prevents incurring debts for which no provision has been 
made for payment. Otherwise, there would accumulate 
unpaid bills and deficits that must be paid sometime by a 
heavy increase in taxes, as they constitute a valid debt against 
all taxable property. In other words, it enforces a "pay as 
you go" program upon school committees and boards. 

Has the local district school committee any voice in the financial 
needs of its school, under the new School Code? 

It has. Two months before the time of the submission of 
the annual school budget to the Levy Court by the County 
Board of Education, the new Code provides that the local 
school commlittee "shall" meet and consider the condition 
and the needs of their district school. They "shall" report 
their conclusions to the County Board of Education. By 
adding up all the needs reported by all the local school com- 
mittees of the county the County Board of Education arrives 
at the amount of money needed to run the schools for the 
ensuing year. This is set forth in the budget, which is pre- 
sented to the Levy Court and from which the Levy Court 
determines the county school tax rate for the ensuing year. 
So the local district school committee have just as much 
voice under the new Code in determining the needs of their 
local school as they had under the old laws. The only 
difference is they ask the County Levy Court (through their 
County Board of Education) for the necessary money in- 
stead of calling an election of their school district and 
submitting their needs of more money to a vote. Inasmuch 
as, under the new Code, the requested taxes are to be 

38 



diffused over the whole county instead of being raised wholly 
within a small school district, as under the old laws, there 
is more likelihood of the needs of the local school committee 
being granted under the new Code than under the old laws. 



Why does not the local district school committee hire their teacher 
as under the old laws? 

Because, under the new School Code, the State has fixed 
by statute qualifications which all teachers must have in the 
respective grades of elementary and high schools, and it 
has fixed by statute the minimum salary of teachers, accord- 
ing to the grade they teach, the character of certificate they 
hold and the years they have taught in Delaware. All this 
being fixed by statute, there is no longer any need for a 
local committee to exercise those functions. As to person- 
nel of teachers, local district school committees have the 

165 right to ask for certain teachers, they have the power to 
reject (for any cause) the first assignment of a teacher to 
their school, and they have the power "in case of dissatis- 
faction" over the teacher finally sent them, to file written 

167 charges with the County Board of Education requesting her 
removal. With such power and privileges, it is not reason- 
able to presume any school district would be compelled to 
accept a teacher personally obnoxious to the district. 

It is said in criticism of the new School Code that the people of 
a school district have no voice in the selection of a teacher for 
their school. 

They have as much voice in the selection of a teacher under 
the new Code as they had under the old school laws. Under 
the new Code, the County Board of Education, elected by the 
people, appoints the teachers. Under the old law, the School 
Committee, elected by the people, appointed the teacher. In 
neither case do the people have any direct voice ; they act 
through their duly elected representatives. 

It is said in criticism of the New Code that it places no authority 
and no faith in local school committees, and thereby belittles 
them. 

Except the authority to hire teachers and fix their salaries 
the local district school committees are vested with as much 
real authority under the new Code as they had under the 
old laws. They do not have as many duties — such as looking 
after free text books, furnishing proper and correct maps, 
etc., — but those duties were routine rather than managerial. 



The local school district committee, under the new Code, 
cannot fix the taxes. Neither could they under the old 
laws. They could not raise the tax rate so much as one 
penny, of their own authority, so the new Code does not 
abridge their authority in that particular. Their authority 
to care for the school buildings and property and plan for 
the financial needs of the school is as great under the new 
Code (as shown above) as it was under the old laws. Their 
authority under the old laws to visit schools, consult with 
the teacher and discuss the policy of the school is preserved 
to them under the new Code. 



40 



COLORED SCHOOLS 

Does the new School Code make provision for separate schools 
for white and colored children? 

It does. It makes it compulsory upon County Boards of 
68 Education and the Boards of Education of Special School 
124 Districts to provide and maintain separate free public schools 
for white and colored children. 

In relation to the colored schools how does the new Code differ 
from the old School laws? 

In the manner of financing the colored schools and, to some 
extent, in the manner of their supervision. 

o.l. Under the old laws, local property taxes for support of 

20 colored schools had to be raised wholly and exclusively on 

21 property owned by colored people. Local property taxes 
for support of white schools had to be raised exclusively 
on property owned by whites. Capitation or poll taxes for 
support of colored schools had to be levied on only colored 
citizens, and capitation tax for support of white schools had 
to be levied on only white citizens. This led to a wide 
variation in school tax rates (even in the same communities) 
for colored and white schools. Under the new Code all 
property subject to school taxes within any school unit is 
subject to the same rate for the support of all schools within 
that unit, and all school capitation tax within that unit is 
uniform on white and colored citizens alike. In Special 
School Districts the School Superintendent has supervision 
of any and all colored schools within the district, where 
formerly such colored schools were under the supervision 
of a colored principal. 

Must colored school teachers and colored schools conform to the 
same standards required of white school teachers and schools? 

Yes. Other than providing for separate schools for white 
and colored children, the new Code makes no discrimination 
against or in favor of colored teachers and schools. They 
must conform in every respect to all requirements of the 
Code and to all rules and regulations of the State Board 
of Education and other school authorities. 



41 



TEACHERS— CERTIFICATES AND 
SALARIES 

Does the new Code fix standards to which teachers must con- 
form? 

It does. It stipulates certain qualifications which an appli- 
cant for a teacher's certificate must possess before the certi- 
ficate is issued. The Code fixes these qualifications, and no 
school authorities can modify them or waive them in the 
issuance of certificates. 

What are these qualifications? 

Section 171 of the School Code enumerates and defines 
thirteen different grades of teachers' certificates which may 
be issued by the State Board of Education. The qualifica- 
tions therein enumerated are the minimum standard of 
teaching efficiency permitted under the new Code. 

Can any county board or Board of Education of a Special Dis- 
trict require a higher standard of teachers within its jurisdiction 
than the minimum standard fixed by the Code? 

170 Yes. "Any county or special school district may require as 
condition of employment a higher standard for a certificate 
of a similar kind and grade than is required by the State." 

Under the new Code who is held responsible for the examination 
and certification of teachers? 

The State Board of Education. The new Code provides 
169 that "the examination and certification of teachers, after 
July 1, 1920, shall be a state function." All examinations 
shall be on uniform questions approved by the State Board 
of Education. The examinations shall be conducted by the 
State Commissioner of Education or his assistants, and all 
papers shall be graded by him or his assistants. No person 
may be employed in any supervisory or teaching capacity in 
the public schools of Delaware who does not hold a certi- 
ficate issued by the State Board of Education. 

Is there a minimum salary for teachers under the new Code? 

Yes. For the lowest grade of certificates — a provisional or 
175 temporary certificate good only in county of issuance and 

'42 



until the next State teachers' examination — there is a mini- 
mum annual salary of $400. For the lowest grade of a 
regular certificate — that of an elementary school of the 
176 third grade — the minimum annual salary is $500. 

Are the salaries graduated? 

Yes. The Code graduates teachers' salaries on two bases. 
First: — grade of certificates, beginning with the elementary 
school certificate of the third grade with a minimum annual 
salary of $500 and increasing the minimum salary to $1600 
176 for superintendent of schools. Second: — tenure of service. 
to Every teacher of every grade has her minimum annual salary 

183 automatically increased after teaching two full school years ; 
inc. again after teaching two more full years, or four full years 

all told ; and again after teaching two more full years, or six 
full years, all told. 
The minimum annual salaries prescribed by law are as follows : 
Provisional elementary school certificate of third grade, 
$400; Provisional elementary school certificate of second 
grade, $450; Elementary certificate of third grade, $500; 
Elementary certificate of second grade, $600; Elementary 
certificate of first grade, $750; Elementary principal's cer- 
tificate, $950 ; High school certificate, $800 ; High school and 
elementary principal's certificate, $1,000; High school prin- 
cipal's certificate, $1,200; Superintendent of schools, $1,600. 

Can any County Board of Education or Board of Education of a 
Special District employ a teacher for less annual salary than the 
Code prescribes as a minimum for a teacher of her certificate and 
tenure' of service? 

184 No. 

Can any County Board of Education or Board of Education of 
a Special District pay a teacher more than the minimum pre- 
scribed by the Code? 

184 Yes. The law prescribes only minimums. The people of 
any school unit, acting through their duly elected school 
officials, may pay their teachers as high salaries as they 
wish. 

Did not the old school laws provide a minimum salary for 
teachers? 

Not until 1917. The General Assembly of 1917 enacted a 
minimum salary law (Chapter 180, Laws of Delaware, 96th 
General Assembly) for teachers which provided no white 

43 



teacher be paid less than $45 a month ; if she had had two 
years' training in a teachers' training school or normal, her 
minimum salary was fixed at $50 a month; and if she had 
had four years of such training her minimum salary was 
fixed at $55 a month. Prior to that act Delaware had n© 
minimum salary law for school teachers. 

Wherein is the new Code's minimum salary provisions superior 
to the Act of 1917? 

The Act of 1917 fixed minimum salaries on a monthly basis. 
This permitted a wide variation of annual salaries of teach- 
ers of the same qualifications, dependent upon the length of 
the school term in the districts. This variation was as much 
as two months. The new Code fixes the minimum salary on 
a yearly basis. The lowest salary for teachers holding a 
regular certificate, under the new Code, is $500 a year. This 
is equivalent to ten months' employment at $50 a month. 



44' 



IMPORTATION OF DEPENDENT 
CHILDREN 

What relation has the State Board of Education to dependent 
children brought into the state under the indenture laws? 

196 It has general supervision over them, their importation into 
the state, their placing, care, education and, in event it be- 

197 comes necessary, their removal from the state. It is em- 
powered to make such rules and regulations as may be 
necessary to carry out these provisions. 

Under what conditions may a child be brought into the State of 
Delazmre for adoption or for indenture? 

The person, association or corporation wishing to send or 
bring such a child into the state must first obtain the writ- 
ten consent of the State Commissioner of Education and 
shall execute a bond to the State of Delaware in the penal 
196 sum of $3,000.00, which bond the State Commissioner of 
Education must approve. The conditions of this bond are : 

(a) the child to be imported into the state is not incor- 
rigible, feeble-minded, or of unsound body or mind. 

(b) the name and age of the child and the name and resi- 
dence of the person with whom the child is placed are 
correctly reported to the State Commissioner of Education. 

(c) if the child become a public charge before it readies the 
age of 21 years it shall be removed from the state by the 
parties who sent or brought it in. 

(d) if the child shall be convicted of a misdemeanor or 
crime and be imprisoned, within three years from the time 
of its arrival, it shall be removed from the state; (upon 
release from imprisonment) by the parties who caused it to 
be sent or brought into the state. 

(e) that a child imported into the State of Delaware shall 
receive a proper home and suitable care, training aid edu- 
cation; the party with whom the child is placed shall enter 
into contract to this effect. 

(f) the parties placing the child shall themselves or hrough 
a responsible agent visit the child at least once a year to see 
that its care and training are being properly lookedlafter. 

(g) the parties placing the child and the party with! whom 
the child is placed shall make such reports to the StaWCom- 
missioner of Education from time to time as the State ppard 
of Education may require. 

45 



Is this function and power of the State Board of Education new 
zvith the School Code? 

No. The General Assembly of Delaware of 1917 enacted 
this law regarding supervision of imported dependent chil- 
dren by the State Board of Education and gave all these 
powers to the old State Board of Education.* The framers 
of the new School Code incorporated that act of the 1917 
General Assembly, bodily and verbatim in the new Code. 



*Law* of Delaware, 1917, Chapter 185. 

4(5 



SCHOOL ATTENDANCE 

Does the School Code provide for compulsory school attendance ? 
It does, with certain qualifications. 

What are the qualifications? 

"Provided, that the County Superintendent of Schools and 
the Superintendents of Schools of Special School Districts, 
or persons duly authorized by such Superintendents of 
187 Schools, may excuse, subject to the rules and regulations of 
the State Board of Education, cases of necessary and legal 
absence of pupils enrolled in the public schools." 

Does this mean the State Board of Education has the power to 
suspend the school attendance law? 

It does not. It merely means that the State Board of Edu- 
cation may make rules and regulations as to what shall 
constitute "necessary and legal" absence. The draft boards 
during the war did not have any power to suspend the Con- 
scription or Draft Act enacted by Congress, but they did 
have power to make exemptions and classifications in indi- 
vidual cases. So the State Board of Education is given 
power by the School Code to make exemptions from the 
school attendance law in "necessary and legal" cases. / 

Are these exemptions permanent? 

No. A child may be exempted, or excused, from school 
attendance one term, or one year, or part of a year or term, 
but not be excused the next term or year, because of 
changed conditions. Each case is decided on its individual 
merits. 

How long must a child attend school according to the new School 
Code? 

All children between seven and fourteen years of agfe (unless 
mentally or physically unable to attend school, according to 

187 a physician's certificate) must attend free public schtol "dur- 
ing the entire period" of each year the free public schools 
of the county or special school district in which the child 
68 resides are in session. This period is not less than 180 

122 days in the free public schools of counties and special dis- 
tricts. 

47 



Is there any exception to this? 

Yes. If a child is attending a private or parochial school, 

187 or being taught by private teachers, it is excused from at- 
tending the free public schools, provided these private 
schools comply with the provisions of the School Code which 
apply to private schools. 

Are children fourteen years of age or over compelled to attend 
school? 

Children fourteen, fifteen or sixteen years of age, who have 
not completed the work of the eighth grade must attend free 
public schools of the school unit in which they reside, not 

188 less than 100 days each school year, beginning not later than 
November 1, provided they are not attending private schools 
as above stated. 

Whose duty is it to send a child of school age to school? 

187 It is the duty of the parent, guardian or other person having 
control of such child. 

Whose duty is it to enforce the school attendance law? 

1 12 It is the duty of the school attendance officer in each county, 
and of the school attendance officer in each special school 
district which has one. If a special school district has no 
attendance officer, then the county attendance officer and the 

154 superintendent of schools of that special district shall co- 
operate to' enforce the school attendance law within that 
district. 

What is the penalty for violation of the school attendance law? 

The child is placed immediately in school. The parent, 
guardian or person having control of the child, upon con- 
viction, is fined not less than five dollars ($5.00) or more 
than twenty-five dollars ($25.00) on conviction of first of- 

189 fense and not less than twenty-five dollars ($25.00) or more 
than fifty dollars ($50.00) on conviction of second offense. 
In default of payment of fine the defendant may be com- 
mitted to the county jail two (2) days for first offense and 
five (5) days for second offense. 

Could parents, guardians or persons having control of children 
be fined and imprisoned for not sending their children to school 
under the old school laws? 

O.L.Yes. The fines were smaller — two to five dollars — but the 
42 jail sentences in default of payment were the same. 

48 



FINANCES 

How is the public school system of Delaware financed? 
By State aid and local taxation. 

Under the old laws how were local taxes raised? 

Each school district raised a minimum school tax which was 
fixed by State statute. Up to 1917, this minimum for white 
school attendance districts was $100 in New Castle County, 
$100 in Kent County and $60 in Sussex County. The Gen- 
eral Assembly of 1917 amended the old law by fixing the 
minimum of $100 in every white school attendance district 
in Delaware. If any more than this minimum amount were 
raised in any school district it had to be ordered by the 
voters at special election of the district, which specifically 
fixed the additional amount to be raised. 

Did the local district school committees, under the old law, have 
to submit any estimate of their proposed expenditures for any 
school year? 

They did not. 

Could they incur school debts in excess of the amount of revenue 
available? 

They could and in a very great many cases they did. They 
could not issue bonds against the district without their being 
authorized to do so by the school voters of the district in a 
special election, but they could, without consulting the school 
voters or taxpayers, borrow money on notes and contract 
school debts of almost any kind. Scores of instances where 
this was done came to light when, under the new Code, the 
assets and liabilities of the school attendance districts were 
turned over to the County Boards of Education. In some 
cases school committees had let debts go unpaid and had 
borrowed money on notes until they had piled up several 
hundreds of dollars indebtedness against the district. Tax- 
payers and school patrons of many of these districts claim 
they had no knowledge of these facts, which shows the peo- 
ple were not consulted under the old laws. 

Can this condition exist under the new Code? 

It cannot. The new Code compels each County Board of 

49 



Education and each Special District Board of Education to 
prepare each year a budget for the schools under their 
jurisdiction for the ensuing year. It must be presented to 
83 the county levy court at least ten days before the usual date 
131 for levying other county taxes. It is a public document. 
The new Code commands that this budget shall be "an 
itemized and detailed" statement of all moneys needed to 
maintain and operate the schools for the coming year. It 
commands that this budget "shall show the amount needed 
during the succeeding school year for" the following items : 
Reduction of bonded indebtedness and interest on bonded 
indebtedness ; reduction of other indebtedness and interest 
on it; permanent improvement, repairs, rent, maintenance 
and operation of schools, textbooks, diplomas, supplies and 
materials for instruction, salaries, janitors' wages, fuel, wa- 
ter, light and power, janitors' supplies, libraries, insurance 
and transportation and tuition of pupils. The new Code also 
commands that the budget shall show estimated income of 
all kinds other than from local taxation. 

What further safeguard does the new School Code provide the 
taxpayer? 

83 It provides against any juggling or transferring of the school 
funds. It says all taxes received by the County and Special 

131 District Boards "shall be expended by them in accordance 
with the items of the annual school budget." That is, money 
appropriated by the Levy Court for school supplies cannot 
be used for making repairs, or money appropriated for pay- 
ment of debts cannot be used for fuel. 

Can the County and Special District Boards make loans to meet 
current expenses under the new Code? 

Yes, with certain restrictions. They cannot borrow more 

84 than the equivalent of 10 per cent of the amount named in 

132 the annual budget as necessary for current expenses for that 
year, and the loan must be paid back within the school year 
it is made and out of the current taxes raised. That is, under 
the new Code, loans to meet current expenses must be 
strictly temporary and met out of that year's taxes. This 
prohibits any County Board or Special District Board from 
expending more than its budget calls for. It compels them 
to live within their school income. It makes it impossible to 
accumulate debts for succeeding Boards or future taxpayers 
to pay. Had this safeguard been in the old laws, the tax- 
payers of Delaware today would not be compelled to pay old 
debts incurred by old school committees under the old law. 

50 



Can bonded indebtedness be incurred and payments then delayed 
until the accumulation of such indebtedness becomes a grievous 
burden? 

No. The total amount of bonded indebtedness incurred by 
any school unit — such as the County, or the Special School 
District — cannot exceed five per cent (5%) of the assessed 
value of the real estate of that school unit. No bonds shall 
bear more than six per cent interest. No bonds shall run 
longer than 25 years. They shall be issued in series and the 
County Board of Education or Board of Education of a 
Special School District, issuing the series, must make provi- 
sion, under the Code, for the payment each year of all cur- 
rent interest on each outstanding bond and also for the pay- 
ment or liquidation each year of not less than one-twenty- 
fifth (1-25) of each and every bond series outstanding. 

What is the effect of this? 

It guarantees the taxpayers of any school unit against the 
piling up or accumulation of bonded indebtedness which 
must be met at some time by a sudden and very serious in- 
crease in taxes. It is an orderly arrangement of a school 
unit's finances which enables it to estimate its financial 
standing years in advance and to live free of any apprehen- 
sion of unpaid debts suddenly demanding liquidation, but 
with no provision for paying them. It spreads the payment 
of bonded indebtedness over a period of 25 years, which 
prevents the burden being grievous in any one year, and 
passes to the rising generation, which benefits by schools 
erected out of the proceeds of the bond issue, some of the 
burden of paying the bonds. It compels the payment each 
year of a minimum but equitable amount of the outstanding 
bonded indebtedness, which will decrease the interest charges 
and gradually and systematically lessen the total outstanding 
debts of the school unit. 

Are the people taxed locally for the salary of the State Commis- 
sioner of Education and the expenses of his office? 

No. The State of Delaware, by an appropriation of the 
89 General Assembly, pays : 

(1) all compensation and expenses of the State Board of 
Education. 

(2) salaries and expenses of assistants and office help of 
the State Commissioner of Education. 

(3) salary and expenses of State Commissioner of Educa- 
tion. 

51 



(4) rental and expenses of Office of State Board of Edu- 
cation. 

89 (5) salaries of all county superintendents up to $2700. 
112 (6) salaries of county school supervisors up to $1600, 
two each in Kent and New Castle counties and three in 
Sussex county. 

112 (7) salaries of county attendance officers up to $1000, 
one in each county. 

201 (8) one-half the total amount of high school teachers' 
salaries in every high school, provided in four-year 
high schools the one-half shall not exceed $2400 a 
year, and in two-year and three-year high schools, it 
shall not exceed $1600 a year. 

19 (9) one-fifth the total first cost of buildings, grounds and 
equipment of newly consolidated schools, not to ex- 
ceed $10,000 in any one fiscal year. 

24 (10) a fixed sum each year to meet the expenses and sal- 
aries incident to Vocational Education in agriculture, 
domestic science, trades and industries, to match a like 
amount furnished by the United States government 
under the provisions of the Smith-Hughes Vocational 
Education Act. The amount for the current year is 
$22,000. 

212 (11) The entire dividends from the Delaware State School 

213 Fund and $250,000 derived each year from income tax 
to the elementary schools (first to seventh grade in- 
clusive) of the State, to be apportioned on the basis of 
elementary school enrollment. On the basis of ele- 
mentary school enrollment 1919-1920, each elementary 
school will receive $9.73 for each pupil enrolled. 

How are local taxes raised? 

By capitation or poll tax and by tax on property. 

How is all the money raised for public school purposes expended? 

Attached herewith (See table page 54) is a tabulated 
statement of the several county and special district school 
budgets of Delaware for the current school year. These 
budgets have all been submitted to the respective County 
Levy Courts of the several County Boards of Education and 
Boards of Education of Special Districts. They are public 
documents and are a part of the public records of the Levy 
Court to which they were submitted. Correct copies of all 

52 



the budgets may be seen at the office of the State Commis- 
sioner of Education in Dover, and a correct copy of each 
budget may be seen in the respective offices of each County 
Superintendent and each School Superintendent of the Coun- 
ty or Special District concerned. 

What do these budgets show? 

They give an itemized detail accounting of where every cent 
is to be spent and the source of all revenue. 



53 



Analysis and Compilation 



Teachers' 
Salaries (a) 



Text-Books Other Janitors and Fuel 

Supplies (b) Supplies 



COUNTY SCHOOLS: 

(Outside Special Districts) 

New Castle County $132,750.00 

Kent County 93,000.00 

Sussex County 166,120.00 

Total County Schools $391,870.00 

SPECIAL DISTRICTS: 

SUSSEX COUNTY— 

Georgetown $13,300.00 

Lewes 13,000.00 

Seaford 15,100.00 

Laurel 15,100.00 



$6,250 
5,000 
8,000 



$6,250 

4,075 





$8,000 
8,700 
7,000 



$10,300 
6,000 
9,000 



$19,250 $10,325 $23,700 $25,300 



$275 
700 100 
600 200 
590 225 



$775 

1,070 

900 



$56,500.00 $2,290 



$700 
500 
700 
925 



$3,545 $2,825 



KENT COUNTY— 

Milford $22,300.00 

Caesar Rodney 16,950.00 

Harrington 13,050.00 

Dover 27,000.00 

Smyrna 21,300.00 



$750 

900 

450 

1,000 

1,200 



$1,390 

50 

275 

510 

600 



$1,145 

870 

875 

1,625 

1,747 



1,000 
825 
900 

1,325 



$100,600.00 $4,300 $2,825 $6,262 $4,900 



NEW CASTLE COUNTY— 

Newark $21,750.00 $600 $525 $1,400 $1,250 

New Castle 20,300.00 600 520 1,300 1,250 

Alexis I. duPont 11,236.27 850 1,042 1,522 850 

Claymont 11,000.00 600 1,500 1,100 700 





$64,286.27 


$2,650 


$3,587 


$5,322 


$4,050 




221,386.27 


9,240 


7,212 


15,129 


11,775 




.... $613,256.27 


$28,490 


$17,537 


$38,829 


$37,075 



(a) Includes salaries of principals or superintendents in Special Districts, but i 

(b) "Other Supplies" includes merely instructional supplies, such as maps, erase 

(c) "Debt Service" includes four items : Annual payment of 1/25 of outstanding 

annual interest on such debts. 

(d) "Miscellaneous" includes all general expenses not specifically enumerated in 

libraries, health service, allowances for delinquent taxes, etc., and contrc 

(e) "State Aid" includes all aid out of State Funds or by legislative appropriat: 

(f) Revenue indicated in this column includes tuition from outside pupils, inte 

money due from previous years consists largely of Federal aid due for • 
budget for the current year was filed, and so it necessarily had to be in< 
small table below. 

(g) Includes only County Superintendents, County Supervisors and County Att 



Analysis and Compilation of All 1919-20 School Budgets in State of Delaware 



EXPENDITURES 



LOCAL TAXATION 



Supplies (III Sii|<plii 



COUNTY SCHOOLS: 

(Outside Special Districts) 

New Castle County .... 
Kent County 



$132,750.00 
93,000.00 
166,120.00 



Total County Schools 



$6,250 $6,250 

5,000 4,075 

8,000 

$19,250 $10,325 



,10,300 $6,900 
6,000 7,500 

9,000 8,650 



$43,600 
16,000 
13,500 



•'<i. .mi 

2,114.00 
12,500.00 



$8,290.00 
8,225.00 
11,250.00 



$252,340.00 
156,964.00 
243,020.00 



$32,000.00 
24,000.00 
32,000.00 



$171,200.00 
79,341.85 
103,800.00 



$203,2*1.0(1 
103,341.85 
135,800.00 



$49,140,00 

51,547.45 
99,700.00 



$23,700 $25,300 $23,050 $73,100 $23,350 



$34,614.00 $27,765.00 



SPECIAL DISTRICTS: 

SUSSEX COUNTY— 

Georgetown 

Lewes 

Seaford 

Laurel 



$13,300.00 
13,000.00 
15,100.00 
15,100.00 



$400 
700 



$275 
100 



6,500.00 $2,290 



800 925 

$3,545 $2,825 



$1,500.00 

845.00 

2,327.00 

1,402.50 



370.00 
240.00 
953.52 



$18,910.00 
17,385.00 

21,1)1,7.(10 
21,321.02 



$3,000.00 
3,264.00 
3,000.00 
3,720.00 



$7,500.00 
6,033.93 
6,503.00 
8,278.46 



$10.50(1.11(1 
9,297.93 
9,503.00 



$0,X5lUKI 

7,347.07 
7,209.00 
7,990.00 



$6,074.50 $2,223.52 $78,683.02 $12,5 



KENT COUNTY- 

Milford 

Caesar Rodney . . . . 
rington 



$28,315.39 $41,299.39 $29,396.07 



Do 



$22,300.00 
16,950.00 
13,050.00 
27,000.00 
21,300.00 



600 



$2,000 

2,700 
' 2,666 



$100,600.00 $4,300 $2,825 $6,262 



4,901) 



$2,500.91 
4,150.00 
3,2SO.O0 
382.50 
4,250.00 

$14,563.41 



¥49(,.(HI 
1,512.00 
1,050.00 
1,937.87 
1,400.00 

$6,395.87 




$13,7(10.32 
18,869.00 
8,987.99 
15,590.00 
14,395.38 

$71,542.69 



$18,554.32 
21,869.00 
13,187.99 
21,590.00 

10,795.38 



$8,707.Oi, 
7.163,00 
7,368.71 
9,194.32 

11,472.42 



$94,996.69 $43,906.41 



$354,341.85 $442,341.35 $200,3S7.45 $8,995.00 



S1.SIK..IK) 

750.00 

4,355.00° 

1,332.00 

$8,243.00 



$4,519.63t 
1,200.00$ 
2,348.30§ 
5.220.67J 

6,054.20|| 

$19,342.80 



NEW CASTLE COUNTY- 

Newark 

New Castle 

Alexis I. duPont 

Claymont 



$21,750.00 
20,300.00 
11,236.27 
11,000.00 



$525 



$1,400 $1,250 

1,300 1,250 

1,522 850 

1,100 700 



2,150 

500 

1,000 



$620.00 

2.0(11.1.00 

3,354.98 
2,830,00 



$36,305.00 

30,87(1.00 
19,355.25 
20,2511.01) 



$3,625.00 

4,000.00 

675.00 

1,200.00 



$21,165.05 
19,084.78 
10,422.19 
23,086.64 



$24,790.05 
23.084.78 
11,097.19 

24,286.64 



$9,550.14 
7,550.00 
4,723.50 
2,943.36 



(a) Includes salaries of principals or superintendents in Special Districts, but not salaries paid county supervisors or superintendents. 

(b) "Other Supplies" includes merely instructional supplies, such as maps, erasers, pencils, etc., and diplomas. 

(c) "Debt Service" includes four items: Annual payment of 1/25 of outstanding bonds; annual interest due on those bonds; annual payment on other outstanding indebtedness; 

annual interest on such debts. 

(d) "Miscellaneous" includes all general expenses not specifically enumerated in oth er columns. It comprises expenses of institutes, insurance, light and water, upkeep of school 

libraries, health service, allowances for delinquent taxes, etc., and control it ems, such as rent, traveling, printing, legal, etc. 

(e) "State Aid" includes all aid out of State Funds or by legislative appropriations covering the items enumerated on pages 51 and 52 of this questionnaire. 

(f) Revenue indicated in this column includes tuition from outside punils, interest on any investments, cash in bank, endowments, and money due from previous years. The 

money due from previous years consists largely of Federal aid due for rhe school year of 1918-19 under Smith-Hughes Act. This aid had not been paid at the time the 
budget for the current year was filed, and so it necessarily had to be included as money due. The exact amount of such monies due from last year are indicated in the 
small table below. 

(g) Includes only County Superintendents, County Supervisors and County Attend ance Officers. 



previous year 



$1,064.81 

235.22 

8,134.56* 





$64,286.27 


$2,650 


$3,587 


$5,322 


$4,050 




$1,500 


$6,450 


$15,510.00 


$9,404.98 


$112,760.25 


$9,500.00 


$73,758.66 


$83,258.66 


$24,767.00 


$10,334.59 




.... 221,386.27 


9,240 
$28,490 


7,212 

$17,537 


15,129 
$38,829 


11,775 
$37,075 


$23,050 


8,200 
$81,300 


22,575 
$45,925 


36,147.91 


18,024.37 


349,689.55 


45,938.00 


173,616.74 


219,554.74 


98,009.48 
$298,456.93 


37,920.39" 


Grand Total 


.... $613,256.27 


$70,761.91 


$45,789.37 


$1,002,013.55 


$133,938.00 


$527,958.59 


$661,896.59 


$4(1,015.10 



. $5,334.39 

. $.1,105.00 

. 2,295.83 

. 1,200.00 
848.30 

. 1,720.67 

. 3,207.20 

.$12,377.00 



LIBRARY OF CONGRESS 



019 749 575 3 



lllJH RARY ° F C0NGRESS 
019 749 575 3 4 



Hollinger Corp. 
pH8.5 



